Patna High CourtCR. MISC./7236/2018bail granted

Md. Shakil v. The State Of Bihar

2018-03-15Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7236 of 2018 Arising Out of PS.Case No. -38 Year- 2016 Thana -KOTHIGRAM District- GAYA ====================================================== Md. Shakil S/o Gulam Rasul @ Dhanu Wawarchi, R/o Village- New Karimganj, Road No. 13, P.S.- Civil Line, Distt.- Gaya. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-03-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Kothi PS Case No. 38 of 2016 (Sessions Trial No. 85 of 2017) registered under Sections 302, 34, 120(B) of the IPC and Section 27 of the Arms Act. The allegation in brief is that Shane Ali Khan and Shaukat Ali shot dead the police officer.

Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, only material against him is that leading to his statement two empty cartridges were recovered from the back of house of Shahid, who too has been admitted to bail by a coordinate Bench of this Court vide Cr. Misc. No. 27661 of 2017 and the petitioner is in custody since 6.10.2016.

Having considered the said facts and circumstances, the petitioner, namely, Md. Shakil is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VIII, Gaya in connection with Kothi PS Case No. 38 of 2016 (Sessions Trial No. 85 of 2017) with the following conditions:-.

Patna High Court Cr.Misc. No.7236 of 2018 (3) dt.15-03-2018 (i) One of the bailors must be close family member of the petitioner; and (ii) The petitioner shall appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.

(Arun Kumar, J.) Snkumar/- U T